Explanatory Statement
Civil Aviation Regulations 1988
Instructions under CAR 235A — minimum runway width for aeroplanes
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 235A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions specifying the minimum runway width applicable to an aeroplane or a type of aeroplane.
Instrument
Australia has adopted the International Civil Aviation Organization methodology of using a code system, known as the aerodrome reference code, to specify the standards for individual aerodrome facilities which are suitable for use by aeroplanes within a range of performances and sizes. This has been published in the Manual of Standards Part 139 — Aerodromes.
The instrument renews a previous instrument, CASA 420/10 (the previous instrument), which expires at the end of May 2011. The instrument differs from the previous instrument in that the minimum runway width for Bombardier DHC8-400 and Airbus A380 aircraft has been specified by reference to an aerodrome reference code other than the code that would be obtained from Table 1. The Airbus A380 is an aerodrome reference code 4F aeroplane which has been certified to operate unconditionally on Code 4E runways. The Bombardier DHC8-400 is an aerodrome reference code 3D aeroplane which has been certified to operate unconditionally on Code 3C runways. There are also a number of consequential and minor drafting differences from the previous instrument.
Legislative Instruments Act
Under paragraph 5 of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument if it is of a legislative character and was made in the exercise of a power delegated by the Parliament and determines the law or alters the content of the law. The instructions meet all the above requirements. The instrument is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has been undertaken with industry.
The instrument commences on 1 June 2011. It stops having effect at the end of February 2012.
The instructions have been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 204/11]